Terms and conditions
1. For good and valuable consideration, the receipt and adequacy of which I hereby acknowledge, I agree to participate in and in connection with a motion picture or other audio-visual work being produced by The Public Good Projects (“Producer”), located at 2404 Broadway Second Floor San Diego, CA 92102 for a project entitled “Layla’s Got You” (“Project”), as well as in connection with any “behind the scenes” recordings taped, filmed, recorded and/or otherwise produced by Producer with regard to the “making of” the Project. For the purposes hereof, the Project including without limitation any portion thereof shall be collectively and separately referred to herein as the “Footage”.
2. By executing this document (“Waiver and Release”), I hereby grant and assign irrevocably to Producer and Producer's affiliates, subsidiaries, licensees and assigns:
(a) the right (but not the obligation) to film, photograph and otherwise visually and audio-visually record me and to record my image, likeness, voice, conversations, sounds and performances, in and in connection with the Footage; (b) all rights of every kind and character whatsoever (including without limitation copyrights) in and to the results and proceeds of my appearance in the Footage including, without limitation, all film, photographs and video and audio recordings produced by Producer in connection therewith (collectively “Recordings”), any and all performances, stories, statements or actions made by me, whether written, spoken, sung, or otherwise uttered or expressed by me, or information given by me, captured on any such Recordings (collectively the “Results and Proceeds”).
3. Producer shall be the exclusive owner(s) of the Footage and the Results and Proceeds, giving Producer the right to, without limitation, in perpetuity throughout the universe, in any and all languages, in any and all media known or hereafter invented: (a) exhibit, broadcast, use, reproduce, distribute, publicly perform, display, translate, modify, prepare derivative works based upon, and license others to use as Producer sees fit all or any part of the Footage and/or the Results and Proceeds; (b) edit, dub, subtract from, add to or modify the Results and Proceeds in any manner, combine it with any other material and/or incorporate it into other films, projects or programs; and (c) use and license others to use my name, voice, likeness, image, photograph, performance, participation, expressions, personal experiences and biographical material (collectively “Name and Likeness”), in and in connection with the production, distribution, advertising, publicity, promotion, merchandising, exhibition and other exploitation of the Footage, the Results and Proceeds and/or any portion thereof, an unlimited number of times, without any obligation of any kind to me whatsoever.
4. Layla’s Got You is collaborating with The Allyn Family Foundation to reduce unintended pregnancies among 16-20 year old girls in Onondaga County, New York. This project is intended to provide girls with a confidential place to find accurate, nonjudgmental information about contraception, STDs, and sexual health.Accordingly, the Producer may edit, dub, subtract from, add to or modify a user's submissions so that they more closely reflect the standards, norms, and recommendations of health professional. These alterations may be significant or minor, and are done so that a submission reflects the most up-to-date research on birth control, STDs, and sexual health.
5. I hereby expressly waive any and all so-called “moral rights” or “droits morale” in connection with the Footage, Results and Proceeds, and my appearance(s) in and in connection with the Footage. My signature hereon subsequent to the production of the Footage and/or the Results and Proceeds shall have the same effect as if I had signed in advance thereof.
6. I represent that my appearance in the Footage will not, to the best of my knowledge (i.e., what I know or should know after the exercise of reasonable prudence), infringe upon the rights of any third party. I represent and warrant that I have all rights and authority to enter into this Waiver and Release (“Release”) and to grant the rights granted herein. No other authorization is necessary to enable Producer to use my name, image, voice and /or likeness, or the Results and Proceeds, for the purposes herein contemplated. I hereby waive any right of inspection or approval of the Results and Proceeds, the Footage, and/or the uses to which such Results and Proceeds and the Footage may be put.
7. As used in this Waiver and Release: (a) the term “Releasing Parties” means and refers to each of me, my heirs, next of kin, spouse, spousal equivalent, guardians, legal representatives, executors, administrators, successors and assigns; and (b) the term “Released Parties” means and refers to Producer and each and all of its subsidiaries, related and affiliated companies,
licensees, sponsors, successors and assigns, and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing entities.
8. I and the other Releasing Parties hereby voluntarily and knowingly, release, discharge and relinquish any and all claims, actions and lawsuits of any kind against the Released Parties related to or arising from my Participation, including, without limitation, travel to and from any location used in connection with the Project, the making, taping, production, use, editing, distribution, licensing, promoting, and/or Exhibition of the Footage, the Results and Proceeds and/or any portion thereof, including, without limitation, any claims, actions or lawsuits for wrongful death, negligence and/or other fault, either active or passive, personal injury, wrongful death, defamation, false light, violation of right of publicity, invasion of privacy, disclosure of embarrassing private facts, fraud, breach of contract, infringement of copyright, and negligent or intentional infliction of emotional distress.
9. I acknowledge that I may hereafter discover claims in addition to the ones released in this document, and I and the other Releasing Parties hereby release the Released Parties from any such unknown and/or unsuspected claims. I and the other Releasing Parties acknowledge and agree that this waiver is an essential and material term of this Waiver and Release, and without such waiver Producer would have accepted my participation in the Project. I and the other Releasing Parties hereby represent that we have been advised by legal counsel or have been given ample opportunity to be so advised and understand and acknowledge the significance and consequence of this Release and of this specific waiver.
10. The validity, interpretation and legal effect of this Waiver and Release and any other agreements into which I may enter or documents I may execute in connection with the Project shall be governed by the laws of the state of New York applicable to agreements executed and fully performed within the state of New York, without regard to its conflicts of law provisions. Should any provision hereof be found invalid, in whole or in part, it shall not affect the validity or enforceability of any other provision hereof or of that provision insofar as it is not invalid or unenforceable. Any waiver of any term of this Waiver and Release in a particular instance shall not be a waiver of such term for the future.
11. This Waiver and Release shall bind and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, legal representatives, administrators, executors, and guardians. I represent that I am at least 18 years of age, and that if I under 18 my parent or legal guardian has signed on my behalf below.
12. I acknowledge that Producer will rely on the waivers, releases and permissions granted herein potentially, at substantial cost to Producer and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.